IMHO, the whole... its a marketing gimick thing, is a load of bs. Thousands of LE's would not have changed over for a gimick, and thinking so is rediculious. If it works for you then great and if you need something softer, there is always 9mm and 45acp.
One has to understand what was going on in the LE community when the .40 S&W came on the scene and why it was adopted in the numbers it was.
Starting in the mid-1980's and through the first part of the 1990's police departments were switching from revolvers to semi-automatics. Most of these switches were the result of the idea that the police were "outgunned" on the street by drug gangs that appeared in the 1980's mostly centered around crack. The main problem with this idea was that in most cases the police were not actually outgunned and in the cases where they were it was because they were facing criminals armed with automatic weapons and/or long guns. The clear solution to this issue was to arm the police with long guns (primarily rifles) rather than spending budget dollars on semi-automatic pistols, and keep the revolvers. However, given politics and the general theme in police culture of wanting new toys, the idea that the police were outgunned gave a lot of officers in police departments who were in charge of firearms training and excuse to buy a bunch of new toys. Duty handguns need to be replaced every decade or so anyway due to wear and use, so why not replace them with semi-automatic pistols? It gives the officers on the street the idea that they are no longer outgunned and it avoids the political issues involved with arming the police with rifles.
The revolvers that were being replaced with mostly 9mm pistols were of various makes and chamberings, but the .357 Magnum had made its way into police service in a lot of places. The .357 Magnum, rightly so, had a great reputation for stopping felons. Many of these magnum revolvers were now replaced with 9mm pistols of designs not nearly as reliable as the ones we have today shooting ammunition not nearly as advanced as what we have today. Combine with that the 1986 Miami shootout and the stop gap 9mm round that the FBI put into service to increase penetration, the 147 grain Winchester OSM JHP. While the first 147 grain JHPs penetrated nicely they didn't reliably cycle all the 9mm pistols in use and the velocity was low enough and the bullet design such that it mostly didn't expand. The .357 Magnum had a mostly deserved reputation (plus a lot of myth) as the Hammer of Thor. On the other hand, the 9mm with the 147 grain JHP built a reputation of being unreliable.
The FBI never really intended the 147 grain 9mm to be the new wonder load for LE agencies, it was simply adopted until they could sort out what to do about the "failure" of the 115 grain Silvertip in Miami. LE agencies and training being what they are though, the FBI endorsed the 147 grain 9mm and agencies were switching to semi-automatics so chambered. Many agencies went with the "FBI ammo".
So, after several years of the 147 grain JHP not working very well the FBI releases its study results and the 10mm Lite is at the top of the heap (by basically duplicating .45 ACP ballistics, go figure). Some smart folks at S&W and Winchester put the 10mm Lite into a shorter case that fits in 9mm size guns, and a star is born.
Now, police departments don't like the results with the 147 grain 9mm and then the FBI tells them a .400 180 grain JHP at ~950 FPS is "the load". Departments start switching wholesale to the .40 S&W, not because its better than the best 9mm ammunition available, but because its better than the worst 9mm ammunition available. For some reason there is this idea floating around in police circles that the .45 ACP is "too much" for the average officer to handle. Not every department or person falls for it, but it is a very popular attitude. Mostly because of poor ammunition selection and the change from the .357 Magnum to the 9mm, the 9mm has a pretty poor reputation in LE circles. So, when a department doesn't like the 9mm and thinks the .45 ACP is too much for officers, what do they choose? You guessed it, the .40 S&W.
The .40 S&W is not a bad round. Its successful and very popular. However, that doesn't mean it didn't get where it is because of clever marketing and other circumstances that had nothing to do with an actual need for a new cartridge.
My department makes me carry a .40 S&W. I don't care for it at all, though I do accept that its about as effective as any duty level handgun cartridge. Given the choice between it and the 9mm, I'd take the 9mm. Given a choice of the top three, I'd take the .45 ACP. But, since I don't have a choice, I carry the .40 S&W on-duty.
On my own time I carry my own guns, and none of them is a .40 S&W.